Patna High Court
Santosh SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The Court disposed of the present application, allowing the petitioner to move a fresh application for cancellation of bail before the Special Judge POCSO.
Summary
The petitioner, Santosh Singh, filed an application seeking cancellation of bail granted to the accused Rohit Kumar by the Special Judge POCSO, Buxar. The petitioner alleged that the victim's date of birth shown in the Aadhar Card (05.03.2006) was false, constituting a forged document, and therefore the bail should be set aside. The petitioner subsequently requested to withdraw the present application and instead approach the Special Judge POCSO for cancellation of bail. The Court considered the petitioner's request and the alleged falsity of the victim's age. The Court disposed of the present application, granting the petitioner liberty to file a fresh application for cancellation of bail before the concerned Special Judge, with a directive that it be decided within three months of filing.
Issues considered
- Whether the bail granted to the accused under the POCSO Act should be cancelled on the ground of a forged age document of the victim
- Whether the petitioner may withdraw the present application and approach the Special Judge POCSO for cancellation of bail
Subjects
- bail
- cancellation of bail
- POCSO Act
- forged document
- victim's age
- withdrawal of application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72552 of 2025
Arising Out of PS. Case No.-62 Year-2025 Thana- Naya Bhojpur District- Buxar
======================================================
Santosh Singh S/O Ramyash Singh R/O Village- Purana Bhojpur, P.S- Naya
Bhojpur, District- Buxar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rohit Kumar S/O Vimlesh SIngh R/O Village- Purana Bhojpur, P.S- Naya
Bhojpur, District- Buxar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Ranjan, Advocate
For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. After some arguments, the learned counsel for the
petitioner prays for withdrawal of the present application for
cancellation of bail in order to approach the Court of the Special
Judge POCSO, Buxar, who had granted bail to the opposite
party no.2 vide order dated 19.08.2025 as the petitioner has
raised the ground that the date of birth shown in the victim’s
Aadhar Card as 05.03.2006 is a false one and a forged and
fabricated document has been produced before the Court
concerned.
3. In such view of the matter, the present application
Patna High Court CR. MISC. No.72552 of 2025(2) dt.05-01-2026
2/2
is disposed of with liberty to the petitioner to move an
application for cancellation of bail before the Court concerned
which shall be disposed of within a period of three months of
filing of the cancellation of bail application.
(Soni Shrivastava, J)
anand/-
U T
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